§ 44-1565 Definitions
§ 44-1566 Franchise termination
§ 44-1567 Action for damages; other remedies; defense

Terms Used In Arizona Laws > Title 44 > Chapter 10 > Article 9

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Beer: means any beverage obtained by the alcoholic fermentation, infusion or decoction of barley malt, hops or other ingredients not drinkable, or any combination of them. See Arizona Laws 44-1565
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Franchise: means a commercial relationship between a supplier and a wholesaler which includes all of the following:

    (a) A commercial relationship of definite duration or continuing indefinite duration is involved. See Arizona Laws 44-1565

  • Good cause: means failure by the supplier or the wholesaler to comply with the provisions of an agreement as delineated therein, which provisions are not unconscionable. See Arizona Laws 44-1565
  • Good faith: means the duty of each party to any franchise and all officers, employees or agents thereof to act in a fair and equitable manner in carrying out the agreement. See Arizona Laws 44-1565
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
  • sell: means a sale or any other disposition of a security or interest in a security for value and includes a contract to make such sale or disposition. See Arizona Laws 44-1801
  • Spirituous liquor: includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, that produces intoxication, fruits preserved in ardent spirits and beverages containing more than one-half of one per cent of alcohol by volume. See Arizona Laws 44-1565
  • Supplier: means any person other than a wholesaler engaged in business as a manufacturer, distiller, rectifier, importer, brewer, vintner, broker or agent which distributes any or all of its beer through duly licensed wholesalers in this state. See Arizona Laws 44-1565
  • Wholesaler: means any person licensed by the department of liquor licenses and control to sell at wholesale beer to retailers duly licensed in this state. See Arizona Laws 44-1565